The High Court dismissed a writ petition challenging the installation of 11 KV electric poles near the petitioner's petrol pump, rejecting the claim of potential electrocution or fire hazard.
Direction to stop the installation of electricity poles was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 9709/2019
Bajaranglal Saraswa S/o Shri Kalu Ram, Aged About 50 Years, B/c Brahminm, R/o Village Derajsar, Via Sudsar, Tehsil Shri Dungargarh, District Bikaner, Raj.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Sukesh Bhati For Respondent(s) :
JUSTICE DINESH MEHTA
Order
08/07/2019
By way of the present writ petition, the petitioner has
prayed as under:-
(2 of 2)
[CW-9709/2019]
side of the road, where the petitioner’s Petrol Pump is situated so as to avoid any loss to life and property and/or
(c) In alternative, the respondents may kindly be directed to install the underground cable from the side of the land, where Petrol Pump of the petitioner is situated and/or
(d) The respondents may kindly be directed to initiate any further activity/proceedings, in relation to installing of the Electricity Poles/ Electricity Lines only after deciding the grievance raised by the petitioner in his representations.”
Mr. Bhati, learned counsel for the petitioner, contends
that the respondents are laying electric cables of 11 KV in-front-of petitioner’s petrol pump, which may result into some untowardy incident. In support of his apprehension aforesaid, Mr. Bhati says that as many as 1000 poles have fallen as a result of heavy wind and sand storm and if the pole being installed in-front-of the petitioner’s petrol pump, it may lead to electrocution/fire.
In considered opinion of this Court, no such direction in exercise of powers under Article 226 of the Constitution of India can be granted to the respondents to remove the poles and electricity cable, simply because the same is being installed infront-of petitioner’s petrol pump.
The writ petition has no substance. The same is, therefore, dismissed.
The Stay Application No.9603/2019 also stands dismissed.
(DINESH MEHTA),J
273-skm/-
1 issue framed by the court
Whether a writ petition challenging the installation of electricity poles near a petrol pump should be allowed on grounds of apprehended risk.
1 provisions across 1 enactments
Bajaranglal Saraswa
State Of Rajasthan
The Collector, Bikaner
The Chief Engineer, Jodhpur Vidhyut Vitaran Nigam Ltd.
The Superintendent Engineer, Jodhpur Vidhyut Vitaran Nigam Ltd.
The Executive Engineer, Jodhpur Vidhyut Vitaran Nigam Ltd.
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
